Searching Content indexed under Unfair/ Wrongful Dismissal by Seyfarth Shaw LLP ordered by Published Date Descending.
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D.C. Circuit Invalidates NLRB's Browning-Ferris Joint Employer Test
On December 28, a panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), in a 2-1 decision (Browning-Ferris Indus. of Cal. v. NLRB, No. 16-1028)
United States
7 Jan 2019
EEOC Scrutinizes Employer Policies Regarding Prescription Drug Use
The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their prescription drug use.
United States
27 Jun 2018
Has The "Outer Limit" Contract Reached Its Expiry Date?
It is common for employers to bring on employees for limited term employment, where work may not be ongoing.
United States
22 Feb 2018
Eighth Circuit: Employer May "Elaborate" On Explanation For Termination During Litigation
In Rooney v. Rock Tenn Converting Company, et. al., the Eighth Circuit affirmed judgment against a former sales executive who alleged he was terminated for not being Jewish and not being female.
United States
21 Feb 2018
New Jersey's Conscientious Employee Protection Act Requires Election Of Remedies Before Summary Judgment
The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce claim for...
United States
12 Feb 2018
Office Marital Dispute Did Not Trigger Employers Duty To Investigate
For over twenty years, Orlando Nakai worked as a counselor at Friendship House, a drug and alcohol rehabilitation center in San Francisco.
United States
15 Sep 2017
11th Circuit Reminds Employers: Proceed Cautiously When Terminating Employees Shortly After FMLA Leave
While employees who have recently taken leave may be terminated for legitimate reasons, establishing a non-retaliatory termination can be challenging.
United States
26 Jul 2017
Texas Supreme Court Rules That There Is No Cause Of Action For "Compelled Self-Defamation" In Texas
However, in a win for employers, the Texas Supreme Court recently ruled that Texas does not recognize such a claim, joining the majority of states and providing certainty to Texas employers.
United States
13 Jun 2017
Restaurant Wrong To Fire Workers Over Email Criticizing The Restaurant And Its Managers
Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker's email that complained about their terms and conditions of employment.
United States
11 May 2017
Second Circuit Holds NLRB Did Not Err In Its Finding That Facebook Posting That Supervisor Is A "Nasty Mother F***er" And "F*** His Mother" Was Protected Concerted Activity
The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not "opprobrious enough" to lose the NLRA's protections and justify the employer's termination of the employee.
United States
8 May 2017
"I'll Be Back To Work Soon": Massachusetts Addresses An Employer's Obligations When Employee On Leave Gives An Indefinite Return Date
On February 5, 2017, in M.C.A.D. v. Country Bank for Savings, the "MCAD" held that an employer engaged in unlawful disability discrimination when it terminated an employee whose medical leave had ended...
United States
29 Mar 2017
Fifth Circuit Protects 40-Year-Old Case And Affirms ADEA Limits On Recoverable Damages
In a somewhat rare interlocutory appeal, the Fifth Circuit reviewed and reaffirmed a 40-year old case holding that emotional distress and punitive damages are not available under the ADEA.
United States
9 Jan 2017
Need To Know: Recent And Upcoming Changes To The UK's Employment Law Landscape
New Gender Pay Gap Reporting obligations are expected to come into force in April 2017. The regulations apply to employers with 250 or more UK employees...
United States
13 Dec 2016
Tenth Circuit Orders Truck Driver Who Abandoned Trailer On Interstate Highway To Be Reinstated With Backpay
The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal...
United States
19 Aug 2016
What To Do About Employee Thieves—Catch Them If You Can!
When employee theft occurs, employers must be cautious in investigating, avoiding self-help, and in deciding if and how to terminate the offending employee.
United States
16 Aug 2016
End Of The Employment Road? Tips To Avoid A Collision
When the decision is to terminate, getting the basics right can go a long way toward preventing claims down the road by departing employees. Inevitably, at some point, every employment relationship comes to an end.
United States
25 Jul 2016
Employer Policy Failure Precludes Summary Judgment On Discrimination Claim
California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs.
United States
6 Jul 2016
Really? Viable Retaliation Claim For MA Employee Terminated For Secretly Searching Company Files
An employer terminated an employee for secretly searching for confidential documents on her employer's computer system to use against the employer as part of a discrimination complaint.
United States
28 Jun 2016
RLA "Minor Dispute" Preemption Alive And Well As A Potential Defense In State Court
An Illinois state appellate court recently confirmed that Railway Labor Act "minor dispute" preemption is alive and well as a potential defense to state-law retaliatory discharge claims.
United States
29 Feb 2016
ELL SCOTUS SERIES: # 1 – Green v. Brennan
Green, an ex-postmaster, filed suit against the Postmaster General in Colorado alleging, among other things, that he was constructively discharged when the Postal Service bullied him into retirement...
United States
30 Oct 2015
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